Terms and Conditions

These Terms and Conditions define the relationship between Austin R. Snider (the ”Service Provider,” or “Provider”) and a user of any website on the arsnider.com domain (singular “Site” or “Service,” and collectively “Services”) included, but not limited to the following:

     

      • https://audio.arsnider.com

      • https://bitxbit.arsnider.com

      • https://design.arsnider.com

      • https//gameoflife.arsnider.com

      • https://literature.arsnider.com

      • https://ludology.arsnider.com

      • https://music.arsnider.com

      • https://software.arsnider.com

      • https://travel.arsnider.com

      • https://[*].arsnider.com (where [*] is a wildcard indicating all other subdomains)

    These Terms and Conditions are a contract between the Provider and you or the legal entity that you represent (herein refered to as “User.”) By using the Services, or otherwise indicating acceptance of these Terms and Conditions, User agrees to comply with the following terms related to User’s present and continued use of the Services. Furthermore, if accepting this agreement or otherwise using the Services on behalf of another legal entity or Person, you further affirm that you have the authority to enter into this and other required agreement(s) on behalf of that entity or legal Person.

    1. Definitions

    The following terms shall have the meanings set forth below, unless defined elsewhere in these Terms and Conditions:

    “Service Provider,” or “Provider” means Austin R. Snider, a private North Carolina Individual based in Morrisville, North Carolina.

    “Intellectual Property Policy” means the Copyright and Intellectual Property Policy found on the Services that defines the procedures for filing and handling copyright complaints as well as the actions to be taken if copyright infringement is discovered on the Services.

    “Privacy Policy” means the Privacy Policy found on the Services that defines the procedures for collecting, storing, using and sharing User Information.

    “User Content” means any data or media uploaded, posted, shared or otherwise made available as a result of the actions of a User, including a User’s individual or collective use of the Services with other Users, including but not limited to content such as text, images, video clips, audio clips, or other data files.

    “User Information” means any information provided to Service Provider by User through their use of the Services.

    2. Terms of Use, Modifications and Additional Terms

    User acknowledges that in addition to these Terms and Conditions, User’s use of specific Services may require the acceptance and adherence to additional agreements or additional terms and conditions specific to that Service. Provider reserves the right to modify any part of these Terms and Conditions, as well any part of the Privacy Policy, any part of the Intellectual Property Policy, or any part of any and all additional terms and conditions related to the Services (collectively the “Terms of Use”) at any time and for any reason. Changes to the Terms and Conditions will become effective within thirty (30) days of the revised Terms and Conditions being published on the Services. User agrees that they will take the appropriate action(s) to ensure compliance with the updated Terms of Use before they take effect or will otherwise delete all accounts on the Services and cease using the Services. In the event of any conflict between the provisions of these Terms and Conditions Agreement and any other agreement between of the parties pertaining to the subject matter hereof, the provisions of these Terms and Conditions shall control.

    3. User Data and Privacy

    User agrees that they will not use the Services nor knowingly permit another User to do so if they are a child under thirteen (13) years of age or if any such Users are an otherwise subject to the protections provided children under thirteen years of age by the Child Online Privacy Protection Act of 1998. By using the Services or otherwise entering into this agreement, User acknowledges that certain User Information may be collected by the Services and that User legally can and hereby does consent to the collection, storage and use of such User Information by Service Provider in accordance with the Privacy Policy as amended from time to time.

    4. User Content and Limitation of Liability

    Some Services allow for users to upload, post, share or otherwise make available User Content such as text, images, videos and other media, with the objective to facilitate communication and community among users. SERVICE PROVIDER WILL NOT BE RESPONSIBLE OR OTHERWISE LIABLE FOR ANY USER CONTENT, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW. User acknowledges that User Content, including User Content made available by other users of the Services, does not necessarily reflect the views, values or beliefs of Service Provider and that this content may, at any time and for any reason, be removed or otherwise made inaccessible on the Services at Provider’s discretion.

    User agrees that any User Content that User makes available through the Services is made available with the permission of the intellectual property owner — in full compliance with applicable copyright law — and in accordance with the Copyright and Intellectual Property Policy. Furthermore, User grants Provider a perpetual, irrevocable, non-exclusive, royalty-free, transferable license to use, copy, distribute, create derivave works of, and publicly or privately perform or display uploaded User Content as well as an additional license to use, copy, distribute and publicly or privately perform or display any derivave works based on that User Content. Such User Content licenses are made available to allow access to User Content on the Services or to be used for the promotion of the Services and User further affirms that they have the right or authorization to grant these licenses.

    User agrees not to upload, post or share User Content that is defamatory or discriminatory included but not limited to content that could be considered libelous, slanderous, or content that would likely be seen by others to constute physical threats, hate-speech, or explicit or obscene material not suitable for individuals under the age of eighteen (18) years of age. User accepts exclusive responsibility for any User Content that they upload and/or the views expressed, either directly or indirectly, through their User Content.

    5. International Users

    The Services are administered and maintained in the United States in accordance with the laws thereof. Provider makes no representation that any content or features available through the Services are legal, appropriate or available for users outside of the United States. User agrees not to access any Service from territories where that Service’s content or use of that Service’s features is illegal. User further agrees that their use of the Services must not be in violation of U.S. export laws and regulations. Finally, User accepts that they are fully and solely responsible for compliance with User’s local laws when accessing or otherwise using the Services and that Provider shall not be responsible for any non-compliance or violation thereof on the part of any User.

    6. Services Warranty, Disclaimer and Limitation of Liability

    While Provider strives to provide secure, reliable, useful and enjoyable services to all of our Users, it must both parties acknowledge that it is impossible to ensure that all Services are completely safe, bug free, error free or immune to system disruption; therefore, by using the Services, User acknowledges and accepts the following disclaimer and limitation of Provider’s liability: ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ABSOLUTELY NO EXPRESSED OR IMPLIED WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, WARRANTY OF AVAILABILITY OR WARRANTY OF NON INFRINGEMENT. BY USING THE SERVICES OR OTHERWISE AGREEING TO THIS USER AGREEMENT, USER AGREES THAT PROVIDER NOR ANY OF PROVIDER’S MEMBERS, OWNERS, EMPLOYEES, HEIRS, ASSIGNS, CONTRACTORS, PARTNERS OR OTHER AFFILIATES WILL BE HELD RESPONSIBLE OR BE OTHERWISE LIABLE IN ANY WAY FOR ANY DAMAGES, LOSSES OR HARDSHIPS OF ANY KIND INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF PROFITS, REVENUES OR BENEFITS, DAMAGE OR LOSS TO PROPERTY, OR COMPROMISE OF SENSITIVE INFORMATION AS A RESULT OF USER’S USE OF THE SERVICES, USER’S INABILITY TO USE THE SERVICES, OR USER’S INTERACTIONS WITH PROVIDER.

    7. Termination of Agreement, Restriction of IP and Suspension of User Accounts

    User may terminate this User Agreement at any me and for any reason by closing or otherwise deleting all of User’s accounts associated with any of the Services and immediately ceasing use of all Services. If applicable, User will not be entled to any refund of fees or other payments of any kind made prior to ceasing use of the Services and any refund of this nature will be made at Provider’s sole discretion, excepting that User has another agreement with Provider to the contrary, in which case that agreement’s provisions regarding refunds for fees or payments shall control.

    Though great care and consideration is given to the Users of our Services, PROVIDER RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT — AND TO IMMEDIATELY SUSPEND, RESTRICT OR TERMINATE USER’S IP ADDRESS OR ANY OF USER’S ACCOUNTS FOR ANY OF THE SERVICES — AT ANY TIME AND FOR ANY REASON OR NO REASON WHATSOEVER, WITH OR WITHOUT NOTICE TO USER. Reasons for termination include but are not limited to enforcement of User codes of conduct, violation of these Terms and Conditions, enforcement of the Intellectual Property Policy, and to maintain compliance with the Privacy Policy. Following termination of this agreement, sections 6, 7, 8, 9, 10, 11, and 12 herein shall remain in full force and effect to the maximum extent permissible under applicable law.

    8. Notices

    All notices made to User in accordance with this agreement shall be in written English and shall be delivered personally, by United States certified or registered mail, postage prepaid, return receipt requested, by a recognized overnight delivery service, or by electronic mail to the primary electronic mail address provided by User, if any. By using the Services, User consents to the use of any supplied or mailing address or electronic mailing address for the receipt of official notices pursuant to this agreement. By accessing the services, User consents to Providers use of IP addresses and other data logged or created by their use of the services for the purposes of identifying mail and electronic mail addresses for the sole purpose of providing notices to a User who has not provided any such address in their use of the Services and is believed to be in violation of these Terms and Conditions. If User has not provided any mail or electronic mail address, User consents to recieve notices made at any mailing or electronic mailing address they control in accordance to these Terms and Conditions. The date that any notice shall be deemed to have been made shall be the date of delivery, when delivered personally; on written verification of receipt, if delivered by overnight delivery; the date set forth on the return receipt, if sent by cerfied or registered mail; or the date and timestamp of the sent message, if sent by electronic mail.

    9. Legal Compliance

    User must be in full compliance with all applicable law while using the Services and agrees to take no action that would be in violation of any applicable legal requirement. User agrees to indemnify and hold provider harmless for any violation of law on the part of User.

    10. Indemnity

    User agrees to indemnify, defend, and hold Provider harmless from and against any and all claims, actions, suits, demands, assessments, or judges asserted, and any and all losses, liabilies, damages, costs, and expenses alleged or incurred arising out of or relating to any operations, acts, or omissions of User or any of User’s employees, agents, and invitees in the exercise of the User’s rights or the performance or observance of any of User’s obligations under this agreement, including, without limitation, attorneys fees, accounting fees, and investigation costs to the extent permitted by law.

    Prompt notice must be given of any such claim, and User will have control of any defense or settlement.

    11. Severability

    If any term of this User Agreement or any other provision(s) in the Terms of Use is deemed to be to any extent invalid, illegal, or unenforceable, such term shall be excluded to the extent of such invalidity, illegality or unenforceability and all other terms in the Terms of Use — including those in this User Agreement — shall remain in full force and effect; and, to the extent permitted and possible by law, the invalid, illegal or unenforceable term shall be deemed replaced by a valid and enforceable term that comes closest to expressing the intenon of such invalid, illegal or unenforceable term.

    12. Section Headings

    The section headings in these Terms and Conditions are provided for reference only and shall not be used when interpreting the content, intent or effect of any section of this Agreement.

    13. Force Majeure

    User nor Provider shall incur any liability for the delay in performance, or for outright non-performance, of any of its obligations under these Terms and Conditions should such obligations be verifiably impossible or highly impractical to perform due to any cause beyond that party’s reasonable control and without that party’s fault or negligence (“Force Majeure”). Such causes include events that can be reasonably deemed to be significantly commercially disrupve and include causes such as natural disasters, catastrophes, or other natural happenings which cause significant damage to life, property or such, war or terrorism, any breakdown, malfuncon or failure of energy or data transmission in connection with or other unavailability of any wire, communication or computer facilies, any transport, port, or airport disrupon, industrial action, acts and regulations and rules of any governmental or supra-national bodies or authories or regulatory or self-regulatory organization or failure of any such body, authority or organization for any reason, to perform its obligations. Furthermore, in exchange for this limitation of liabilies, both pares consent to make all reasonable efforts to maintain their obligations under this Agreement and to promptly resume their obligations under this agreement after such Force Majeure.

    14. Disputes and Jurisdiction; Recovery of Expenses

    In the event of any claim, cause of action or dispute (in this section, “Claim”) that User has with Provider arising out of or relating to this agreement, use of the Services or other interactions with Provider, User agrees to resolve any such Claim by means of binding arbitration taking place within 50 miles of Raleigh, NC. To the extent that binding arbitration is not permitted under applicable law, User agrees to resolve any such Claim exclusively in the U.S. District Court for the Eastern District of North Carolina or in a state court located in Wake County, North Carolina in accordance with the laws thereof. User further agrees to submit to the personal jurisdiction of such courts for the purpose of litigating any and all such Claims. The laws of the State of North Carolina will govern this Agreement, as well as any Claim that might arise between User and Provider, without regard to conflict of law provisions. Furthermore, the User in the pursuance of any claim, cause of action or dispute arising out of this agreement shall pay all costs and expenses, including expert witness fees, attorney’s’ fees, travel expenses, meal expenses and lodging expenses incurred by Provider in resolving such dispute.